Cannabis Possession Lawyer Fairfax County — What Are Your Defense Options?
Simple marijuana possession in Fairfax County is a Class 1 misdemeanor under Va. Code § 18.2-250.1, punishable by up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. provides strong defense for cannabis charges at the Fairfax County General District Court. A cannabis arrest lawyer Fairfax County can challenge evidence and seek alternatives to conviction.
Virginia Law on Marijuana Possession
Virginia law prohibits the possession of marijuana without a valid medical prescription. The primary statute is Va. Code § 18.2-250.1. Possession of up to one ounce is a Class 1 misdemeanor. Possession of more than one ounce but less than one pound is a Class 5 felony, carrying 1 to 10 years in prison. Possession of one pound or more is a felony with more severe penalties. The law distinguishes between simple possession and possession with intent to distribute.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s drug laws, refer to the official Virginia Code Title 18.2, Chapter 7. Court procedures and forms for Fairfax County can be found on the Fairfax County General District Court website.
Handling a Marijuana Charge in Fairfax County
Fairfax County prosecutors handle marijuana possession cases at the General District Court located at 4110 Chain Bridge Road. While state law provides potential first-offender diversion under Va. Code § 18.2-251, local prosecutors have discretion in applying it. The outcome often depends on the amount, prior record, and the strength of the evidence against you.
- Secure legal representation immediately after arrest or receiving a summons.
- Your attorney will review the police report and evidence for constitutional violations.
- Attend the arraignment in Fairfax County General District Court to enter a plea.
- Your lawyer will negotiate with the Commonwealth’s Attorney for dismissal, reduction, or diversion.
- If no agreement is reached, prepare for a bench trial before a General District Court judge.
Penalties for Marijuana Possession in Fairfax County
In Fairfax County, simple marijuana possession carries up to 12 months in jail, a $2,500 fine, a driver’s license suspension, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month suspension | Permanent criminal record |
| Possession >1 oz to <1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | 6-month suspension | Felony record, loss of rights |
| Possession ≥ 1 lb | Felony (18.2-248.1) | 5-30 years | Up to $10,000 | 6-month suspension | Major felony penalties |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Cannabis Charges
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine over 120 years of legal experience. We have a documented record of handling drug possession cases in Northern Virginia. Our approach is based on a thorough investigation of the arrest circumstances and the evidence gathered.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results
Our firm has handled numerous drug possession cases in the region. For example, we have secured dismissals (nolle prosequi) for charges like “No Registration Card/License in Possession” in Fairfax County GDC. In another case, a charge of “Driving Under Revocation/Suspension” was amended to a lesser violation.
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases. His background in accounting and information systems is an asset in cases involving financial or technical evidence.
Contact Our Fairfax County Cannabis Possession Lawyer
Our Fairfax location serves clients at the Fairfax County courts. We are a cannabis possession lawyer near Fairfax County courthouses, serving communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fairfax County, Virginia?
A Class 1 misdemeanor in Fairfax County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor carries up to 6 months and a $1,000 fine. Common charges include simple assault, petit larceny, and marijuana possession. Cases are heard at Fairfax County General District Court.
Can marijuana charges be expunged in Fairfax County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. First-offense marijuana possession may qualify for expungement if the charge is dismissed after completing a first-offender program. The petition is filed in Fairfax County Circuit Court.
How does bail work for a cannabis arrest in Fairfax County?
After arrest, a magistrate sets a bond. For a first-offense misdemeanor marijuana possession, personal recognizance (no payment) is common in Fairfax County. For felony possession charges, a secured bond requiring a bail bondsman (who charges about 10%) is more typical. Bond decisions can be appealed to the General District Court.
Do I need a marijuana charge defense lawyer Fairfax County for a simple possession charge?
Yes. Even a misdemeanor carries up to a year in jail and creates a permanent criminal record. Charges are prosecuted by the Fairfax County Commonwealth’s Attorney. A marijuana charge defense lawyer Fairfax County can challenge the stop, search, or evidence and seek alternatives to a conviction.
What is the difference between GDC and Circuit Court for a cannabis case?
Fairfax County General District Court (GDC) handles misdemeanor possession trials and felony preliminary hearings. Fairfax County Circuit Court handles felony jury trials and appeals from GDC. You have a right to a jury trial in Circuit Court for any offense carrying potential jail time.
Internal Resources
For more information, visit our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Fairfax City and Prince William County. If you are facing other charges, explore our services for DUI defense in Fairfax or family law matters. Learn more about Attorney Kristen Fisher or our Fairfax office location.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.